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U.S. Department of Transportation
Federal Highway Administration

NOTICE

FEDERAL-AID HIGHWAY PROGRAM
OBLIGATIONS - FISCAL YEAR (FY) 1995

N 4520.133
November 2, 1994

  1. PURPOSE. To advise of the limitation on Federal-aid highway program obligations for fiscal year (FY) 1995 and the distribution of this limitation among the States.

  2. LIMITATION - LEGISLATIVE PROVISIONS. Public Law 102-240 and, the Department of Transportation and Related Agencies Appropriations Act of 1995, (Public Law 103-331) provides for the limitation of obligations as follows:

    1. Obligations for Federal-aid highways are limited to $17,160,000,000 for FY 1995.

    2. This limitation shall not apply to obligations for projects covered under:

        (1) Sections 125 and 157 of Title 23, United States Code (23 U.S.C.);

        (2) Section 147 of the Surface Transportation Assistance Act of 1978;

        (3) Section 9 of the Federal-Aid Highway Act of 1981;

        (4) Obligations to carry out the provisions of Sections 131(b) and 131(j) of the Surface Transportation Assistance Act of 1982 (Public Law 97-424);

        (5) Section 404 of the Surface Transportation Assistance Act of 1982;

        (6) Sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991;

        (7) Obligations of funds made available undersubsections (b) and (c) of Section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987.

    3. Each State is guaranteed sufficient authority to prevent lapse of sums authorized to be appropriated for Federal-aid highways which have been apportioned to a State.

    4. Amounts authorized for administration, the Federal Lands Highway Program, the Intelligent Vehicle Highway System Program, and amounts made available under sections 1040, 1047, 1064, 6001, 6005, 6006, 6023, and 6024 of Public Law 102-240 are charged to the limitation but are excluded from the State-by-State distribution.

    5. After August 1, 1995, the Secretary will revise a distribution of funds made available if a State does not plan to obligate the amount distributed during FY 1995 and redistribute such amounts to those States able to obligate amounts in addition to those previously distributed during FY 1995. The redistribution will give priority to those States having large unobligated balances of funds apportioned under 23 U.S.C. 103(e)(4), 104, 144; and 1013(c) and 1015 of Public Law 102-240.

    6. Redistribution of FY 1995 authority reserved for Federal lands and Headquarters controlled programs. Any funds not obligated by July 14, 1995, will be withdrawn and made available for August Redistribution. If Federal Lands and Headquarters offices need any amounts that are withdrawn to be restored, they should include the amount in their request as part of the August Redistribution process.

    7. After August 1 and on or before September 30, 1995, a State which obligates the amount distributed in FY 1995 under the distribution based on apportioned and allocated funds, as well as any redistribution amounts made available after August 1, 1995, may obligate for Federal-aid highways and highway safety construction on or before September 30, 1995, an additional amount. The aggregate amount which may be obligated by all States under this additional obligation authority cannot exceed 2.5 percent of the aggregate amount of funds apportioned or allocated under section 103(e)(4), 104, and 144 of 23 U.S.C.; and 1013 (c) and 1015 of Public Law 102-240 which would not be obligated in FY 1995, if the total amount of obligational authority were utilized. No State may utilize this additional obligational authority that does not utilize all obligation authority distributed to it for FY 1995 ordoes not utilize all additional obligation authority redistributed to it after August 1. In addition, this provision will not apply to any State releasing formula obligation authority for the August redistribution.

    8. Funds apportioned for FY 1995 to the States during FY 1995 have been used to determine the factors for making a State-by-State distribution of the obligation limitation. The State-by-State distribution of the FY 1995 obligation limitation is shown on Attachment 1.

    9. During the period October 1 through December 31, 1994, no State shall obligate more than 25 percent of the amount of obligation limitation distributed to such State, and the total of all State obligations during such period shall not exceed 15 percent of the total amount distributed to all States. The State-by-State distribution of the FY 1995 obligation limitation is shown on Attachment 1.

    10. Special First Quarter Limitation. During the period October 1 through December 31, 1994, the aggregate amount of obligations under section 157 of 23 U.S.C., section 147 of the Surface Transportation Assistance Act of 1978; section 9 of the Federal-aid Highway Act of 1981; sections 131(b), 131(j) and 404 of Public Law 97-424; sections 1061, 1103 through 1108, 4008, and 6023(b)(8) and (10) of Public Law 102-240 and Public Law 100-17, shall not exceed $302,551,350. The distribution of this amount to the States has been made based on the September 30, 1993, unobligated balances of the affected programs plus the FY 1994 Minimum Allocation apportionment and is shown on Attachment 2.

    11. Penalties. Limitation has been reserved for States coming into compliance with provisions of 23 U.S.C 159 during FY 1995.

    12. Public Law 103-331 requires that the amount of obligation limitation withheld for the Interstate Construction Discretionary program not be distributed and made available for obligation until August 1, 1995.

  3. DISCRETIONARY AND/OR OTHER NON-FORMULA FUNDS. Obligational authority is reserved for discretionary and/or other non-formula funds estimated to be allocated during the fiscal year. A proportional share of obligational authority will be distributed with each allocation of funds during FY 1995 consistent with the proportional share distributed by formula. During the first quarter 15 percent of the limitation will be provided for allocations to the States. The remaining limitation will be provided after December 31, 1994. Such allocations increase the total annual limitation distributed to the State for FY 1995, and for projectsauthorized by Public Law 99-500 and Public Law 100-17 shall not exceed $325,155,150.

  4. FEDERAL LANDS PROGRAM. The obligational authority for the Federal Lands Highway Program has been reserved from distribution. Distribution of the reserved authority will be made by the Federal Lands Highway Program Office.

  5. TERRITORIAL HIGHWAY PROGRAM. A proportional share of obligational authority for the Territorial Highway Program has been reserved from distribution. Distribution of the reserved authority will be made by the Associate Administrator for Program Development.

  6. TOTAL LIMITATION. Obligation authority available for distribution in FY 1995 is less than the total apportionments and allocations for the year on which the distribution is based. The same pro rata share of 90.7 percent is thus available for both formula and non-formula redistribution. Attachment 1 shows each State's share of the limitation distributed by formula and the amounts reserved for non-formula programs.

  7. FUNDS SUBJECT TO FY 1995 LIMITATION. Obligation of the funds shown on Attachment 3 are chargeable to the FY 1995 limitation. Also shown are funds exempt from the limitation.

  8. FUNDS SUBJECT TO SPECIAL FIRST QUARTER LIMITATION. Attachment 3 contains a listing of the appropriation codes subject to the Special First Quarter Limitation.

  9. ACTION

    1. Division Administrators should ensure that copies of this Notice are furnished to State Highway Agencies.

    2. By November 30, 1994, each State shall advise the Division Administrator of (1) the amount it can obligate in excess of its 15 percent share (up to a maximum of 25 percent) or, (2) the amount that can be released during the first quarter for obligation by other States. The response shall be forwarded by the Division Administrator to the regional office. By December 2, each Regional Administrator shall advise Washington Headquarters, HFS-30, on a State-by-State basis of the additional authority required or the amount that can be released for obligation by other States. Upon review of the regional reports, Washington Headquarters will advise of the redistribution, if any, of the first quarter obligation authority. Any redistribution in the first quarter will not change the total FY 1995 distribution of limitation for any States.

    3. By November 30, 1994, each State shall advise the Division Administrator of the Special Limitation amount it can obligate in excess of its share or the amount that can be released during the first quarter for obligation by other States. The response shall be forwarded by the Division Administrator to the regional office. By December 2, each Regional Administrator shall advise Washington Headquarters, HFS-30, on a State-by-State basis of the additional authority required or the amount that can be released for obligation by other States. Upon review of the regional reports, Washington Headquarters will advise of the redistribution, if any, of the first quarter obligation authority.

/s/
Rodney E. Slater
Federal Highway Administrator

Attachments

U. S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION

DISTRIBUTION OF LIMITATION ON
FEDERAL-AID HIGHWAY PROGRAM OBLIGATIONS
FOR FISCAL YEAR 1995

STATE TOTAL 15 PERCENT
ALABAMA 258,165,555 38,724,833
ALASKA 207,830,381 31,174,557
ARIZONA 189,969,436 28,495,415
ARKANSAS 158,004,797 23,700,719
CALIFORNIA 1,258,423,359 188,763,503
COLORADO 182,670,708 27,400,606
DELAWARE 66,993,309 10,048,996
DISTRICT OF COLUMBIA 87,038,323 13,055,748
FLORIDA 506,550,460 75,982,569
GEORGIA 400,620,042 60,093,006
HAWAII 108,820,384 16,323,057
IDAHO 114,407,151 17,161,072
ILLINOIS 580,816,882 87,122,532
INDIANA 298,701,740 44,805,261
IOWA 197,428,280 29,614,242
KANSAS 185,612,947 27,841,942
KENTUCKY 218,857,951 32,828,692
LOUISIANA 237,592,383 35,638,857
MAINE 81,198,504 12,179,775
MARYLAND 320,982,585 48,147,387
MASSACHUSETTS 715,092,872 107,263,930
MICHIGAN 382,007,459 57,301,118
MINNESOTA 259,861,866 38,979,279
MISSISSIPPI 168,393,923 25,259,088
MISSOURI 319,550,558 47,932,583
MONTANA 157,748,214 23,662,232
NEBRASKA 127,358,354 19,103,753
NEVADA 100,865,181 15,129,777
NEW HAMPSHIRE 77,249,674 11,587,451
NEW JERSEY 484,366,841 72,655,026
NEW MEXICO 171,874,396 25,781,159
NEW YORK 877,945,910 131,691,886
NORTH CAROLINA 369,054,372 55,358,155
NORTH DAKOTA 100,949,670 15,142,450
OHIO 561,090,014 84,163,502
OKLAHOMA 202,311,858 30,346,778
OREGON 193,697,344 29,054,601
PENNSYLVANIA 806,605,093 120,990,763
RHODE ISLAND 93,702,999 14,055,449
SOUTH CAROLINA 171,873,784 25,781,067
SOUTH DAKOTA 114,288,193 17,143,228
TENNESSEE 308,050,243 46,207,536
TEXAS 939,798,012 140,969,701
UTAH 121,045,662 18,156,849
VERMONT 71,811,156 10,771,673
VIRGINIA 344,247,331 51,637,099
WASHINGTON 216,184,320 32,427,648
WEST VIRGINIA 154,045,529 23,106,829
WISCONSIN 265,097,654 39,764,648
WYOMING 104,522,012 15,678,301
PUERTO RICO 73,815,400 11,072,310
SUBTOTAL 15,032,723,113 2,254,908,444
ADMINISTRATION 573,704,000  
FEDERAL LANDS 448,000,000  
ALLOCATION RESERVE 1,105,572,887  
TOTAL 17,160,000,000  

U. S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION

DISTRIBUTION OF SPECIAL
1ST QUARTER LIMITATION
FOR FISCAL YEAR 1995

STATE SPECIAL LIMITATION ON EXEMPT PROGRAMS
ALABAMA 4,648,972
ALASKA 154,457
ARIZONA 11,562,362
ARKANSAS 6,457,290
CALIFORNIA 69,540,946
COLORADO 0
CONNECTICUT 219,005
DELAWARE 0
DC 477,728
FLORIDA 29,539,962
GEORGIA 35,275,196
HAWAII 530,400
IDAHO 52,262
ILLINOIS 148,707
INDIANA 10,530,061
IOWA 0
KANSAS 50,959
KENTUCKY 9,673,177
LOUISIANA 2,420,483
MAINE 1,413,062
MARYLAND 2,316,154
MASSACHUSETTS 340,781
MICHIGAN 11,317,744
MINNESOTA 464,280
MISSISSIPPI 3,220,167
MISSOURI 10,380,597
MONTANA 0
NEBRASKA 0
NEVADA 0
NEW HAMPSHIRE 360
NEW JERSEY 1,153,256
NEW MEXICO 918,165
NEW YORK 1,183,662
NORTH CAROLINA 10,771,649
NORTH DAKOTA 133,114
OHIO 19,607,432
OKLAHOMA 6,464,469
OREGON 1,835,421
PA 3,666,282
RHODE ISLAND 503,395
SOUTH CAROLINA 3,154,947
SOUTH DAKOTA 0
TENNESSEE 9,521,904
TEXAS 25,470,219
UTAH 3,893
VERMONT 0
VIRGINIA 14,421,172
WASHINGTON 5,384,279
WEST VIRGINIA 1,031,503
WISCONSIN 9,195,276
WYOMING 0
PUERTO RICO 0
TOTAL 325,155,150

U. S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION

Funds Subject to Federal-Aid Highway Program
Obligation Limitation for FY 1995

FUND    
-----------------------------------------------------------------
Interstate Construction   Talmadge BridgE
Interstate Substitution   Franconia Notch
Interstate Gap Closing   Bypass Highway Demonstration
Interstate 4R   Urgent Supplemental Bridges
Interstate Discretionary - Construction   Interstate Transfers Apportioned
    and Discretionary
Interstate 4R - Maryland   Los Angeles Freight Transportation Demo,
    CA-131(a)
Interstate Maintenance   Buhne Point Shoreline Erosion Demo.
    CA-131-(c)
Interstate Discretionary - 4R   E. Baton Rouge Interchange Congestion
    Demo, LA-131(d)
Interstate Discretionary - 4R - NHS   Louisville Primary Connector Accel.
    Demo, KY-131-(e)
Reimbursement for Interstate   Vermont Certification Demo - 131(f)
Rail-Highway Crossings on Any Public Road   Devils Lake - Erosion Demo. ND-131(g)
Hazard Elimination   Bridge Over Intercoastal Waterway
    Demo, FL-131(h)
Consolidated Primary   Idaho Truck Safety/Railroad Elimin.
    Demo - 131(i)
National Highway System   Acosta Bridge - Florida
Surface Transportation Program   Studies
Apportionment Adjustment   Section 159 Rail-Hwy Crossing
Rural Secondart   Section 164 Hwy Electrification Systems
Congestion Mitigation and Air Quality   Section 165 Highway Upgrading
Urban System--Attributable   Section 167 California Feasibility Study
Urban System--Not Attributable   Demos - Section 149(d)
Urban System--PR   University Transportation Centers
    (ISTEA section 6023)
Donor State Bonus   University Research Institute
    (ISTEA section 6024)
HPR   IVHS (ISTEA section 6058)
Metropolitan Planning   Safety Belts and Motorcycle Helmets
    (ISTEA section 1031)
Public Lands - FY 1983 and subsequent   Alcohol Impaired - Countermeasures
    (ISTEA section 2004)
Indian Reservation Roads   Highway Use Tax Evasion Project
    (ISTEA section 1040)
Parkways and Park Roads   Scenic and Interim Scenic Byways
    Programs (ISTEA section 1047)
 
Forest Highway - Allocated   Ferry Boat Construction
    (ISTEA section 1064)
Special Urban High Density   Applied Research and Technology
    Program: Seismic Research Program
Special Bridge Replacement   (ISTEA section 6005)
Bridge Replacement & Rehabilitation - Apportionment    
Bridge Replacement & Rehabilitation - Discretionary    
Timber Bridges - Discretionary    
---------------------------------------------
EXEMPT FROM FY 1995 OBLIGATION LIMITATION
 
Emergency Relief (23USC125)   Howard Transportation Information
    Center (ISTEA section 6023)
Minimum Allocation (23USC157)   National Center for Advanced Trans- portation Tech. (ISTEA section 6023)
Acceleration of Bridges (Section 147   National Defense Highways Outside U.S.
Federal-Aid Highway Act 1978)   Bureau of Transportation StatisticS
    (ISTEA section 6006)
Woodrow Wilson Bridge (Section 9   Research & Technology (SHRP/SPR)
    (ISTEA section 6001)
Federal-Aid Highway Act 1981)    
State of the Art Technology/Gap    
Closing Demo, PA (1982 STAA section 131(b))    
Usable Segments Demo, IL (1982 STAA section 131(j))    
Alaska HighwaY    
Primary    
Interstate    
Hazard Elimination    
Bridge Replacement - 20% Off-system    
Bridge Replacement - 65% On-system    
Rural Secondary    
Demos (1987 STURA Section 149(b)    
Demos (1987 STURA Section 149(c)    
High Cost Bridge Projects (ISTEA section 1103)    
Congestion Relief Projects (ISTEA section 1104)    
High Priority Corridors (ISTEA section 1105)    
High Priority Corridors Feasibility Study (ISTEA section 1105h)    
Highway Priority Corridor Studies (ISTEA section 1105h)    
Uniform Traffic Control Devices (ISTEA section 1061)    
Rural Access Projects (ISTEA section 1106a)    
Urban Access Projects (ISTEA section 1106b)    
Innovative Projects (ISTEA section 1107)    
Priority Intermodal Projects (ISTEA section 1108)    
Infrastructure Documentary (ISTEA section 1109)

U. S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION

FUNDS SUBJECT TO SPECIAL 1ST QUARTER LIMITATION
FOR FISCAL YEAR 1994

MINIMUM ALLOCATION - 160, 34A, 34B, 34C, 34D, 34E, 34F
ACCELERATION OF BRIDGE PROJECTS - 116
WOODROW WILSON BRIDGE - 128
GAP CLOSING DEMO - 228
USABLE SEGMENTS DEMO - 229
UNIFORM TRAFFIC CONTROL DEVICES - 376
HIGH COST BRIDGE PROJECTS - 360
CONGESTION RELIEF PROJECTS - 361
HIGH PRIORITY CORRIDORS - 362
HIGH PRIORITY CORRIDORS FEASIBILITY STUDIES - 363
RURAL ACCESS PROJECTS - 365
URBAN ACCESS PROJECTS - 366
INNOVATIVE PROJECTS - 367
PRIORITY INTERMODAL PROJECTS - 368
INFRASTRUCTURE TRANSPORTATION INFORMATION CENTER - 377
INTER. TRUCK REGIS. UNIFORM - WKG. GRP. - 337
INTER. TRUCK REGIS. UNIFORM - GRANTS - 338
HOWARD TRANSPORTATION INFORMATION CENTER - 378
DEMOS. AND PRIORITY PROJECTS - 307
DEMOS. AND PRIORITY PROJECTS - 308

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